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Document C:2023:324:FULL
Official Journal of the European Union, C 324, 14 September 2023
Official Journal of the European Union, C 324, 14 September 2023
Official Journal of the European Union, C 324, 14 September 2023
Display all documents published in this Official Journal
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ISSN 1977-091X |
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Official Journal of the European Union |
C 324 |
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English edition |
Information and Notices |
Volume 66 |
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Contents |
page |
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II Information |
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INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2023/C 324/01 |
Non-opposition to a notified concentration (Case M.11015 – PARKS BOTTOM / OXFORD / ACCOR / THE RIMROCK RESORT HOTEL) ( 1 ) |
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2023/C 324/02 |
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IV Notices |
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NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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Council |
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2023/C 324/03 |
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2023/C 324/04 |
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2023/C 324/05 |
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2023/C 324/06 |
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European Commission |
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2023/C 324/07 |
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European Personnel Selection Office |
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2023/C 324/08 |
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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
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EFTA Surveillance Authority |
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2023/C 324/09 |
No state aid within the meaning of Article 61(1) of the EEA Agreement |
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2023/C 324/10 |
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V Announcements |
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COURT PROCEEDINGS |
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EFTA Court |
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2023/C 324/11 |
Action brought on 26 July 2023 by the EFTA Surveillance Authority against Norway (Case E-9/23) |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
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European Commission |
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2023/C 324/12 |
Prior notification of a concentration (Case M.11240 – ORLEN / DOPPLER ENERGIE) – Candidate case for simplified procedure ( 1 ) |
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(1) Text with EEA relevance. |
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EN |
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II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
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14.9.2023 |
EN |
Official Journal of the European Union |
C 324/1 |
Non-opposition to a notified concentration
(Case M.11015 – PARKS BOTTOM / OXFORD / ACCOR / THE RIMROCK RESORT HOTEL)
(Text with EEA relevance)
(2023/C 324/01)
On 16 May 2023, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:
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in the merger section of the ‘Competition policy’ website of the Commission (https://competition-cases.ec.europa.eu/search). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
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in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M11015. EUR-Lex is the online point of access to European Union law. |
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14.9.2023 |
EN |
Official Journal of the European Union |
C 324/2 |
COMMUNICATION FROM THE COMMISSION
Commission Guidelines on the application of Article 3(4) of Directive (EU) 2022/2555 (NIS 2 Directive)
(2023/C 324/02)
1.
Pursuant to Article 3(4) of Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union (NIS 2 Directive) (1), the Commission, with the assistance of the European Union Agency for Cybersecurity (ENISA), shall without undue delay provide guidelines and templates regarding the obligations laid down in that provision. Article 3(4) of Directive (EU) 2022/2555 refers to Article 3(3) of that Directive, which requires the Member States to establish a list of essential and important entities, as well as entities providing domain name registration services, by 17 April 2025. Member States must review and, where appropriate, update that list regularly and at least every two years thereafter.
2.
For the purposes of establishing the list of essential and important entities, Member States should require entities to submit at least the following information to the competent authorities: the name, address and up-to-date contact details, including the email addresses, IP ranges and telephone numbers of the entity, and, where applicable, the relevant sector and subsector referred to in the annexes, as well as, where applicable, a list of the Member States where they provide services falling within the scope of the Directive. Annex I to these Guidelines sets out a template for the collection of that information for the purposes of establishing the list.
3.
To facilitate the establishment and updating of the list of essential and important entities, as well as of entities providing domain name registration services, Article 3(4) of Directive (EU) 2022/2555 provides that Member States should be able to establish national mechanisms for entities to register themselves (2).
4.
According to Article 3(5) of Directive (EU) 2022/2555, by 17 April 2025 and every two years thereafter, Member States must notify the Commission and the Cooperation Group, at least the number of essential and important entities listed pursuant to Article 3(3) of that Directive for each sector and subsector referred to in Annexes I and II of the Directive. Member States must also notify the Commission relevant information on the number of essential and important entities identified pursuant to Article 2(2)(b) to (e) of Directive (EU) 2022/2555, the sector and subsector to which they belong, the type of service that they provide, and the provision pursuant to which they were identified. Recital 19 of the preamble to Directive (EU) 2022/2555 explains that Member States are encouraged to exchange with the Commission information about essential and important entities and, in the case of a large-scale cybersecurity incident, relevant information, such as the name of the entity concerned.
5.
In addition to the list established by the Member States pursuant to Article 3(3) of Directive (EU) 2022/2555, the Member States, in accordance with Article 27(2) of that Directive, should also require from certain types of entities referred to in Article 27(1) of the Directive to submit the following information to the competent authorities by 17 January 2025: the name of the entity; the relevant sector, subsector and type of entity referred to in Annex I or II to the Directive, where applicable; the address of the entity’s main establishment and its other legal establishments in the Union or, if not established in the Union, of its representative designated pursuant to Article 26(3) of the Directive; up-to-date contact details, including email addresses and telephone numbers of the entity and, where applicable, its representative designated pursuant to Article 26(3) of the Directive; the Member States where the entity provides services; and the entity’s IP ranges. Pursuant to Article 27(3) of Directive (EU) 2022/2555, Member States shall require entities referred to in Article 27(1) of the Directive to notify the competent authority about any changes to the information they submitted under Article 27(2) of the Directive, without delay and in any event within three months of the date of change.
6.
According to Article 27(5) of Directive (EU) 2022/2555, the information referred to in Article 27(2) and (3) of that Directive shall be submitted through the national mechanism referred to in Article 3(4) of the Directive, where applicable. Therefore, to achieve greater administrative efficiencies, the template attached as Annex to these Guidelines also includes requests for information required for the purposes of both Article 3(3) and Article 27(2) of Directive (EU) 2022/2555. This template was created with the assistance of ENISA.
(1) OJ L 333, 27.12.2022, p. 80.
(2) See also recital 18 of the preamble to Directive (EU) 2022/2555.
APPENDIX
Template for the information required for the list referred to in Article 3(3) and for Article 27(2) of Directive (EU) 2022/2555
1.
Sector of activity under Directive (EU) 2022/2555|
Annex I – |
sectors of high criticality
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Annex II – |
other critical sectors
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2.
Name of the entity
3.
In case the entity is referred to in Article 27 (1) of Directive (EU) 2022/2555 (DNS service provider, TLD name registry, entity providing domain name registration services, cloud computing service provider, data centre service provider, content delivery network provider, managed service provider, managed security service provider, as well as a provider of online marketplaces, of online search engines and of social networking services platforms), does the entity have its main EU establishment in this Member State or in case of no legal establishment in the EU, its representative in this Member State?
4.
Address of the entity’s establishment in this Member State. If the entity is referred to in Article 27(1) of Directive (EU) 2022/2555, the address of the entity’s main establishment, if it is located in this Member State, as well as its other legal establishments in the EU. In case there is no establishment, the address of the representative in the EU, designated in accordance with Article 26(3) of Directive (EU) 2022/2555, if the representative is located in this Member State.
5.
Up to date contact details including email addresses and telephone numbers in this Member State.
6.
IP ranges of the entity for this Member State
7.
If the entity is referred to in Article 27(1) of Directive (EU) 2022/2555, a list of Member States where the entity provides services in scope of that Directive.
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
Council
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14.9.2023 |
EN |
Official Journal of the European Union |
C 324/8 |
Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2023/1767 , and in Council Regulation (EU) No 269/2014 as implemented by Implementing Regulation (EU) 2023/1765 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
(2023/C 324/03)
The following information is brought to the attention of the persons and entities that appear in the Annex to Council Decision 2014/145/CFSP (1), as amended by Council Decision (CFSP) 2023/1767 (2), and in Annex I to Council Regulation (EU) No 269/2014 (3), as implemented by Council Implementing Regulation (EU) 2023/1765 (4) concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.
The Council of the European Union, after having reviewed the list of persons and entities designated in the above-mentioned Annexes, has determined that the restrictive measures provided for in Decision 2014/145/CFSP and in Regulation (EU) No 269/2014 should continue to apply to those persons and entities.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web sites in Annex II to Regulation (EU) No 269/2014, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).
The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered, to the following address before 2 November 2023:
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Council of the European Union |
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General Secretariat |
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RELEX.1 |
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Rue de la Loi/Wetstraat 175 |
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1048 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
Email: sanctions@consilium.europa.eu
The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.
(1) OJ L 78, 17.3.2014, p. 16.
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14.9.2023 |
EN |
Official Journal of the European Union |
C 324/10 |
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision 2014/145/CFSP and Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine apply
(2023/C 324/04)
The attention of data subjects is drawn to the following information in accordance with Article 16 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (1).
The legal bases for this processing operation are Council Decision 2014/145/CFSP (2), as amended by Council Decision (CFSP) 2023/1767 (3), and Council Regulation (EU) No 269/2014 (4), as implemented by Council Implementing Regulation (EU) 2023/1765 (5).
The controller of this processing operation is the Council of the European Union represented by the Director-General of Directorate-General for External Relations (RELEX) of the General Secretariat of the Council and the department entrusted with the processing operation is RELEX.1 that can be contacted at:
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Council of the European Union |
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General Secretariat |
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RELEX.1 |
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Rue de la Loi/Wetstraat 175 |
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1048 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
Email: sanctions@consilium.europa.eu
The GSC’s Data Protection Officer can be contacted at:
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Data Protection Officer |
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data.protection@consilium.europa.eu |
The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2023/1767, and Regulation (EU) No 269/2014, as implemented by Implementing Regulation (EU) 2023/1765.
The data subjects are the natural persons who fulfil the listing criteria as laid down in Decision 2014/145/CFSP and Regulation (EU) No 269/2014.
The personal data collected includes data necessary for the correct identification of the person concerned, the statement of reasons and any other data related to the grounds for listing.
The legal bases for the handling of personal data are the Council Decisions adopted under Article 29 TEU and Council Regulations adopted under Article 215 TFEU designating natural persons (data subjects) and imposing the freezing of assets and travel restrictions.
Processing is necessary for the performance of a task carried out in the public interest in accordance with Article 5(1)(a) and for compliance with legal obligations laid down in above-mentioned legal acts to which the controller is subject in accordance with Article 5(1)(b) of Regulation (EU) 2018/1725.
Processing is necessary for reasons of substantial public interest in accordance with Article 10(2)(g) of Regulation (EU) 2018/1725.
The Council may obtain personal data of data subjects from Member States and/or the European External Action Service. The recipients of the personal data are Member States, the European Commission and the European External Action Service.
All personal data processed by the Council in the context of EU autonomous restrictive measures will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired or, if a legal action is brought before the Court of Justice, until a final judgment has been handed down. Personal data contained in documents registered by the Council are kept by the Council for archiving purposes in the public interest, within the meaning of Art. 4(1)(e) of Regulation (EU) 2018/1725.
The Council may need to exchange personal data regarding a data subject with a third country or international organisation in the context of the Council’s transposition of UN designations or in the context of international cooperation regarding the EU’s restrictive measures policy.
In the absence of an adequacy decision, or of appropriate safeguards, transfer of personal data to a third country or an international organisation is based on the following condition(s), pursuant to Article 50 of Regulation (EU) 2018/1725:
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the transfer is necessary for important reasons of public interest; |
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the transfer is necessary for the establishment, exercise or defence of legal claims. |
No automated decision-making is involved in the processing of the data subject's personal data.
Data subjects have the right of information and the right of access to their personal data. They also have the right to correct and complete their data. Under certain circumstances, they may have the right to obtain the erasure of their personal data, or the right to object to the processing of their personal data or to ask for it to be restricted.
Data subjects can exercise these rights by sending an e-mail to the controller with a copy to the Data Protection Officer as indicated above.
Attached to their request, the data subjects must provide a copy of an identification document to confirm their identity (ID card or passport). This document should contain an identification number, country of issue, period of validity, name, address and date of birth. Any other data contained in the copy of the identification document such as photo or any personal characteristics may be blacked out.
Data subjects have the right to lodge a complaint with the European Data Protection Supervisor in accordance with Regulation (EU) 2018/1725 (edps@edps.europa.eu).
Before doing so, it is recommended that data subjects first try to obtain a remedy by contacting the controller and/or the Data Protection Officer of the Council.
Without prejudice to any judicial, administrative or non-judicial remedy, data subjects may lodge a complaint with the European Data Protection Supervisor in accordance with Regulation (EU) No 2018/1725 (edps@edps.europa.eu).
(1) OJ L 295, 21.11.2018, p. 39.
(2) OJ L 78, 17.3.2014, p. 16.
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14.9.2023 |
EN |
Official Journal of the European Union |
C 324/12 |
Notice for the attention of the natural or legal persons, entities or bodies subject to the restrictive measures provided for in Council Decision 2014/145/CFSP, as amended by Decision (CFSP) 2023/1767, and in Council Regulation (EU) No 269/2014 as implemented by Implementing Regulation (EU) 2023/1765 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
(2023/C 324/05)
The following information is brought to the attention of the natural or legal persons, entities or bodies that appear in the Annex to Council Decision 2014/145/CFSP (1), as amended by Council Decision (CFSP) 2023/1767 (2), and in Annex I to Council Regulation (EU) No 269/2014 (3) as implemented by Council Implementing Regulation (EU) 2023/1765 (4) concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.
Article 9(2) of Regulation (EU) No 269/2014 requires that those natural or legal persons, entities or bodies must report, before 1 September 2022 or within 6 weeks from the date of listing in Annex I, whichever is latest, funds or economic resources within the jurisdiction of a Member State belonging to, owned, held or controlled by them, to the competent authority of the Member State where those funds or economic resources are located. They must cooperate with the national competent authority in any verification of such information. Failure to comply with these obligations will be considered as circumvention of the measures on the freezing of funds and of economic resources.
The information to be reported must be sent to the competent authority of the relevant Member State, via its website as indicated in Annex II to Regulation (EU) No 269/2014.
(1) OJ L 78, 17.3.2014, p. 16.
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14.9.2023 |
EN |
Official Journal of the European Union |
C 324/13 |
Notice concerning the suspension, subject to certain conditions, of the restrictive measures against Mr Nikita Dmitrievich Mazepin, provided for in Council Decision 2014/145/CFSP and in Council Regulation (EU) No 269/2014 , concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, as amended by Council Decision (CFSP) 2023/1767 and as implemented by Council Implementing Regulation (EU) 2023/1765
(2023/C 324/06)
On 7 September 2023, the President of the General Court made an order for provisional interim relief pursuant to Article 157(2) of the Rules of Procedure of the EU General Court, in Case T-743/22 RIII, Nikita Dmitrievich Mazepin v. Council of the European Union. That order required the Council to publish in the Official Journal a Notice indicating that the re-listing of the applicant Mr N. Mazepin on the list of persons and entities subject to restrictive measures is subject to suspension under the same conditions as those provided for in a previous order of 19 July 2023 by the President of the General Court.
The relevant paragraphs in the operative part of the order of the President of the General Court of 7 September 2023 read as follows:
‘The operation of the announced re-listing of the applicant under the same conditions as those provided for in the order of 19 July 2023, Mazepin v. Council (T 743/22 R II, point 1 and 2 of the operative parts) is suspended until the order terminating the present proceedings for interim relief is made, in so far as the name of Mr Mazepin will be maintained on the list of persons, entities and bodies subject to those restrictive measures and only to the extent necessary to enable him to negotiate his recruitment as a professional Formula 1 driver or as a driver in other motor sport championships taking place also or only in the European Union, as well as to participate in Formula 1 Grand Prix, tests, training sessions and free sessions and in other motor sport championship, races, tests, training sessions and free sessions taking place in the European Union. To that end, Mr Mazepin is authorised only (i) to enter the European Union in order to negotiate and conclude agreements with a race team or with sponsors unconnected to the activities of Mr Dmitry Arkadievich Mazepin or to natural or legal persons whose names are included on the lists set out in the annexes to Decision 2014/145 (1) and Regulation No 269/2014 (2), (ii) to enter the European Union in order to participate as a full or reserve driver in Formula 1 championships of the Fédération internationale de l’automobile (FIA) (International Automobile Association (FIA)) or in other championships, training sessions, tests or free sessions, also with a view to obtaining the renewal of his Super Licence, (iii) to enter the European Union in order to undergo the medical examinations required by the FIA or his race team, (iv) to enter the European Union in order to participate in racing, sponsorship and promotion events at the request of his race team or sponsors, (v) to open a bank account in which a salary, bonuses, benefits from his race team and financial contributions from the sponsors accepted by his team can be paid to him and, (vi) to use the bank account and a credit card only to cover those costs that enable a professional driver to travel in the European Union, to negotiate and conclude agreements with a race team or with sponsors and to participate in championships, Grand Prix, races, training sessions, tests or free sessions in the Member States of the European Union.’
European Commission
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14.9.2023 |
EN |
Official Journal of the European Union |
C 324/14 |
1 euro =
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Currency |
Exchange rate |
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USD |
US dollar |
1,0733 |
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JPY |
Japanese yen |
158,28 |
|
DKK |
Danish krone |
7,4609 |
|
GBP |
Pound sterling |
0,86090 |
|
SEK |
Swedish krona |
11,9475 |
|
CHF |
Swiss franc |
0,9589 |
|
ISK |
Iceland króna |
143,70 |
|
NOK |
Norwegian krone |
11,4783 |
|
BGN |
Bulgarian lev |
1,9558 |
|
CZK |
Czech koruna |
24,487 |
|
HUF |
Hungarian forint |
384,35 |
|
PLN |
Polish zloty |
4,6243 |
|
RON |
Romanian leu |
4,9673 |
|
TRY |
Turkish lira |
28,9160 |
|
AUD |
Australian dollar |
1,6762 |
|
CAD |
Canadian dollar |
1,4556 |
|
HKD |
Hong Kong dollar |
8,3984 |
|
NZD |
New Zealand dollar |
1,8188 |
|
SGD |
Singapore dollar |
1,4615 |
|
KRW |
South Korean won |
1 426,24 |
|
ZAR |
South African rand |
20,3300 |
|
CNY |
Chinese yuan renminbi |
7,8144 |
|
IDR |
Indonesian rupiah |
16 502,58 |
|
MYR |
Malaysian ringgit |
5,0230 |
|
PHP |
Philippine peso |
60,899 |
|
RUB |
Russian rouble |
|
|
THB |
Thai baht |
38,397 |
|
BRL |
Brazilian real |
5,3130 |
|
MXN |
Mexican peso |
18,5223 |
|
INR |
Indian rupee |
89,0805 |
(1) Source: reference exchange rate published by the ECB.
European Personnel Selection Office
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14.9.2023 |
EN |
Official Journal of the European Union |
C 324/15 |
NOTICE OF OPEN COMPETITIONS
(2023/C 324/08)
The European Personnel Selection Office (EPSO) is organising the following open competitions:
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EPSO/AD/404/23 — English-language (EN) lawyer-linguists (AD7) |
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EPSO/AD/405/23 — Spanish-language (ES) lawyer-linguists (AD7) |
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EPSO/AD/406/23 — Lithuanian-language (LT) lawyer-linguists (AD7) |
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EPSO/AD/407/23 — Dutch-language (NL) lawyer-linguists (AD7) |
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EPSO/AD/408/23 — Portuguese-language (PT) lawyer-linguists (AD7) |
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EPSO/AD/409/23 — Slovak-language (SK) lawyer-linguists (AD7) |
The competition notice is published in 24 languages in Official Journal of the European Union C 324 A of 14 September 2023 .
Further information can be found on the EPSO website (1).
(1) https://epso.europa.eu/en.
NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA
EFTA Surveillance Authority
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14.9.2023 |
EN |
Official Journal of the European Union |
C 324/16 |
No state aid within the meaning of Article 61(1) of the EEA Agreement
(2023/C 324/09)
The EFTA Surveillance Authority considers that the following measure does not constitute state aid within the meaning of Article 61(1) of the EEA Agreement:
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Date of adoption of the decision |
3 May 2023 |
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Case No |
90153 |
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Decision No |
067/23/COL |
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EFTA State |
Norway |
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Title (and/or name of the beneficiary) |
Organisation of municipal digitalisation services/solutions |
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Form of aid |
No aid |
The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website: http://www.eftasurv.int/state-aid/state-aid-register/decisions/
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14.9.2023 |
EN |
Official Journal of the European Union |
C 324/17 |
EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 June 2023
(Published in accordance with the rules on reference and discount rates set out in Part VII of ESA’s State Aid Guidelines and Article 10 of ESA’s Decision No 195/04/COL (1) )
(2023/C 324/10)
Base rates are calculated in accordance with the Chapter on the method for setting reference and discount rates of ESA’s State Aid Guidelines as amended by ESA’s Decision No 788/08/COL of 17 December 2008. To obtain the applicable reference rates, appropriate margins shall be added to the base rate in accordance with the State Aid Guidelines.
Base rates have been determined as follows:
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Iceland |
Liechtenstein |
Norway |
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1.6.2023 – |
7,69 |
0,29 |
3,15 |
(1) OJ L 139, 25.5.2006, p. 37 and EEA Supplement to the OJ No. 26/2006, 25.5.2006, p. 1.
V Announcements
COURT PROCEEDINGS
EFTA Court
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14.9.2023 |
EN |
Official Journal of the European Union |
C 324/18 |
Action brought on 26 July 2023 by the EFTA Surveillance Authority against Norway
(Case E-9/23)
(2023/C 324/11)
An action against Norway was brought before the EFTA Court on 26 July 2023 by the EFTA Surveillance Authority, represented by Claire Simpson, Erlend Leonhardsen, Marte Brathovde and Ewa Gromnicka, acting as Agents of the EFTA Surveillance Authority, Avenue des Arts 19H, B-1000 Brussels, Belgium.
The EFTA Surveillance Authority requests the EFTA Court to declare that:
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1. |
By maintaining in force legislation, such as ss. 2-1b(4) PRA and 6 PR, which unjustifiably restricts or does not include the right to seek in-patient treatment in another EEA State when a medically-justifiable deadline for providing treatment cannot be met, the Kingdom of Norway has failed to fulfil its obligations under Article 20(2) of Regulation 883/2004 and/or Article 36 EEA; |
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2. |
By maintaining in force legislation, such as ss. 2-1b(5) and 3(4) PR and ss.2-4a(2)a PRA and 3 PR, which failed or fails correctly to reflect the rights of patients to seek treatment in another EEA State where the same or equally-effective treatment cannot be provided in the home State within a time limit which is medically justifiable, the Kingdom of Norway has failed to fulfil its obligations under Article 20(2) of Regulation 883/2004 and/or Article 36 EEA; |
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3. |
By maintaining in force an appeals and procedural structure under provisions such as Section 7-2 PRA and Sections 7 and 8 PR which prevents and/or discourages the PRA/PR complaint/appeal bodies from correctly applying and securing the rights of patients to seek treatment in another EEA State where the same or equally-effective treatment cannot be provided in the home State within a time limit which is medically justifiable, and/or by maintaining an administrative practice in which such rights are not secured, the Kingdom of Norway has failed to fulfil its obligations under Article 20(2) of Regulation 883/2004 and/or Article 36 EEA, in breach also of Article 3 EEA; |
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By maintaining in force and applying the above unclear and/or conflicting national rules and practice in relation to patients’ rights to seek treatment in another EEA State, the Kingdom of Norway has breached the principle of legal certainty and undermined the effectiveness of Article 36 EEA and Article 20(2) of Regulation 883/2004, in breach of those provisions, and/or of Article 3 EEA. |
Legal and factual background and pleas in law adduced in support:
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By the present Application, the EFTA Surveillance Authority (the Authority) seeks a declaration that Norway, in relation to certain national rules and practice governing access to in-patient treatment in other EEA States, has breached Article 36 EEA, Article 20(2) of Regulation 883/2004 (the Regulation) and/or Article 3 EEA, as well as the principle of legal certainty. |
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Having received complaints about the Norwegian system for in-patient treatment and the ability to receive such treatment abroad, the Authority decided in 2009 to conduct an own-initiative assessment of the relevant Norwegian rules. |
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Between 2009 and 2013 the Authority and the Norwegian Government were engaged in discussions about the issues raised in the complaints and the related rules. |
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On 14 May 2014, the Authority issued a letter of formal notice to the Norwegian Government concluding that Norway had failed to meet its obligations under Article 20 of the Regulation and/or Article 36 EEA. |
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In its reply of 15 August 2014, the Government of Norway did not accept that the Authority’s concerns were well founded but did state that legislative amendments had been proposed and indicated that, in order to enhance legal certainty, it was considering providing additional information and clarifications in relations to rights to healthcare abroad. |
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The Authority issued a supplementary letter of formal notice on 3 February 2016 concluding that not all its concerns had been addressed. The Norwegian Government replied by letter of 3 May 2016. |
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The Authority delivered a reasoned opinion to Norway on 20 September 2017, to which the Norwegian Government replied by letter of 19 January 2018, maintaining that there was no breach of EEA law and explaining how a number of amendments had been made to the relevant provisions. Norway also informed the Authority by letter of 11 April 2018 of further assessments, planned changes in the legislative framework and practical improvements planned. |
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The Authority considered the legislative amendments to be unsatisfactory and decided to refer the case to the EFTA Court on 18 December 2019. In the course of preparing its application to the Court, the Authority sent a request for information to Norway on 7 May 2021, following additional information from a complainant. |
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In the light of the reply from Norway, the Authority issued a second supplementary letter of formal notice on 18 May 2022. |
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The answer from the Norwegian Government, in a letter of 8 July 2022, was considered by the Authority to be unsatisfactory and it delivered a supplementary reasoned opinion on 22 October 2022. |
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The Norwegian Government answered by letter of 20 December 2022, maintaining its position that the relevant Norwegian law was in compliance with EEA law. Norway did, however, amend the manner in which Regulation 883/2004 had been incorporated into national law, with entry into force on 25 November 2022. |
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The Authority considers that even if the amendments solved some of the issues, other issues raised by the reasoned opinion and the supplementary reasoned opinion, do however remain, and Norway still fails to ensure patients’ rights to access in-patient treatment in other EEA States, in breach of its EEA obligations. |
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
European Commission
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14.9.2023 |
EN |
Official Journal of the European Union |
C 324/20 |
Prior notification of a concentration
(Case M.11240 – ORLEN / DOPPLER ENERGIE)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 324/12)
1.
On 30 August 2023, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).This notification concerns the following undertakings:
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ORLEN S.A. (‘ORLEN’, Poland), |
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Doppler Energie GmbH (‘Doppler’, Austria), ultimately solely controlled by Mr Franz Joseph Doppler, an Austrian natural person, |
ORLEN will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Doppler.
The concentration is accomplished by way of purchase of shares.
2.
The business activities of the undertakings concerned are the following:|
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ORLEN is primarily active in oil refining and in the production of biofuels, exploration and sales of gas, production of petrochemicals, production of electricity, wholesale and retail sales of motor fuels, retail sales of consumer goods, as well as hydrocarbon extraction, |
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Doppler operates a network of motor fuel filling stations and electric vehicle charging stations across Austria. |
3.
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.
4.
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.11240 – ORLEN / DOPPLER ENERGIE
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
Postal address:
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European Commission |
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Directorate-General for Competition |
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Merger Registry |
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1049 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).